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IRS Announces Coronavirus Relief

Client Alert

On March 18, the IRS released Notice 2020-17, Relief for Taxpayers Affected by Ongoing Coronavirus Disease 2019 Pandemic which sets forth the scope of the relief being granted taxpayers.

What Has Been Extended

The Notice provides for the extension of payment of up to $1 Million on the balance due on 2019 individual returns (Form 1040) and trust and estate returns (Form 1041) until July 15, 2020. It also provides for the extension of time to make the first federal estimated payment until July 15, 2020. Under both circumstances, there will be no penalty or interest assessed; provided payment is made by the July date. It has been explicitly stated that interest and penalty will begin to be calculated and imposed effective July 16, 2020.

C corporations and consolidated groups whose returns are due on April 15, 2020, have also received an extension to make payments while avoiding the imposition of penalty and interest until July 15, 2020. Each C corporation that is not part of a consolidated group will be able to defer the payment of up to $10 Million on the balance due on 2019 corporate returns. Each consolidated group will be able to defer the payment of tax due up to $10 Million. Submission of any estimated payments due on April 15, 2020, has been extended as well. As with individuals, interest and penalties will begin to be charged effective July 16, 2020.

What Has Not Been Extended

Most importantly, the filing deadline has not been extended. All returns must be filed or extended by April 15, 2020. While there is no form that is required to receive the payment relief set forth above, they have not waived the penalty and interest for failure to timely file your returns.

Additionally, note that this extension applies only to federal INCOME taxes. That means if you owe any other type of tax (most notably, I point out that first quarter payroll taxes are due April 30, 2020), you still must file those returns and pay the taxes on time. Penalty and interest will be assessed from the normal due date.

What We Still Don’t Know

At this point, we still have not received any guidance from the State of Ohio or any city about the filing and payment deadlines for any taxes due.

As always, we will continue to update you with any changes. For more information, please contact BMD Business, Corporate & Tax Member, Priscilla Grant at pagrant@bmdllc.com or 330-253-5934.


New Interpretation of the Fair Debt Collection Practices Act Rocks the Industry

It’s not lost on us that our interpretation of § 1692c(b) runs the risk of upsetting the status quo in the debt-collection industry. This quote from the Eleventh Circuit Court of Appeal in its April 21, 2021 opinion from the case of Hunstein v. Preferred Collection and Management Services, Inc. is possibly the biggest understatement in the history of the Fair Debt Collection Practices Act. At a minimum, the Eleventh Circuit’s opinion has sent shockwaves and fear throughout multiple sectors of the financial services industry.

Construction Industry Trends and Predictions Through 2021 and Beyond: Insurance and Emerging Threats

A 2021 survey identified three key issues impacting the construction industry in 2021: (1) the financial health of contractors; (2) the continuing risk of the pandemic; and (3) technology driving productivity, but also increasing the risk of cybersecurity threats. With this backdrop, insurance premiums in the construction industry are generally on the rise in 2021.

Senate Bill 39 Allows Up to $100 Million in Business Incentive Credits for Transformational Mixed-Use Development in the State of Ohio

Ohio Governor Mike DeWine signed Senate Bill 39 on December 29, 2020, which created a new tax credit applicable to insurance premium taxes. This tax credit is designed to provide funding for a transformational mixed- use development or “TMUD” in the state of Ohio.

Medicaid Announces Next Generation of Managed Care Organizations

For the first time since 2005, the Ohio Department of Medicaid (“ODM”) made significant changes to the structure of the Medicaid program by finalizing the Medicaid Managed Care Procurement process. The Procurement process began in 2019 at the behest of Governor Mike DeWine who had a goal to make Medicaid managed care more focused on the health and well-being of individuals.

BMD Appellate Win Clarifies Waiver of Contractual Right to Arbitrate

Brennan, Manna & Diamond, LLC attorneys David M. Scott, Lucas K. Palmer, and Krista D. Warren prevailed before the United States Court of Appeals for the Sixth Circuit regarding if/when a party waives a contractual right to arbitrate. Borror Property Management, LLC v. Oro Karric North, LLC, No. 20-3146 (the “Decision”).